What you need to know and do to modify a custody order
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What you need to know and do to modify a custody order

On Behalf of | Sep 16, 2021 | Divorce

Parents in North Carolina might find that as their personal and family situations change, they might need to modify their existing custody order. There are different ways they can go about modifying an order as well as how they can prove to the court that it is necessary.

How to modify a custody order

Parents can take different pathways to modify their custody order depending on their situations and their relationship with each other. These pathways include:

  • Coming to a new mutual agreement, drafting the document with the modification and submitting it to the court for approval
  • Using arbitration or mediation to help them come to a custody agreement that they are both content with
  • Going through a court hearing

While the first pathway works well for parents who have an amicable relationship, it can be a problem for those who have a contentious one or who are prohibited from seeing each other due to an order of protection.

How to support your petition for a custody order modification

When a parent petitions for a modification of the custody order, they will have to provide supporting evidence for the reason. For example, if a parent has decided to move away and needs to change the parenting schedule due to the distance, the court will want evidence of why they are moving away. In the same vein, a parent might be requesting more time with their child so they will have to show the court how their life situation has changed to allow for this time.

In cases where a parent alleges that the children are in an unsafe situation in the other parent’s home, the first parent will have to provide evidence of abuse or neglect, for example, to convince the court of this. They will also need to show that they can provide a better living environment.